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Re: I-D Action: draft-bradner-rfc3979bis-08.txt

2016-03-30 15:32:52
this is a legal issue - the language comes from a long ago US court case

in addition to what Brian brings out 

“reasonably’ also refers to what someone should, by their job, know - i.e. a 
company
can not purposely keep someone in the dark to avoid disclosure requirements

Scott

On Mar 30, 2016, at 4:12 PM, Brian E Carpenter 
<brian(_dot_)e(_dot_)carpenter(_at_)gmail(_dot_)com> wrote:

On 31/03/2016 06:01, Michael Cameron wrote:
...
To clarify this, I would propose deleting the phrase "reasonably and" in 
Section 5.1.2.

I would object very strongly to this deletion. We have always said 
"reasonably and
personally known" to make it clear that nobody is expected to go to 
unreasonable
lengths to discover the existence of IPR. For anyone who works for a large 
company,
it is clearly unreasonable for them to be aware of all IPR owned by that 
company,
and this phrase covers that case nicely, especially given that we all 
participate
and contribute here as individuals, even if we happen to use a corporate email
address. This phrase has stood the test of time and should not be changed.

...


Regards
  Brian



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